MarylandSB 00112025 Regular SessionSenateWALLET

Organized Retail Theft Act of 2025

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

No double sentencing for overlapping thefts

Beginning October 1, 2025, Maryland still allows ordinary theft charges alongside organized retail theft charges. When both convictions cover the same acts or transactions, the organized retail theft conviction merges into ordinary theft for sentencing. This prevents separate sentences for those overlapping convictions; it does not erase either conviction.

Broader prosecution and retail theft records

Beginning October 1, 2025, Maryland allows related thefts across counties to be joined in one prosecution. They must involve the same person and one scheme or continuing course of conduct. Prosecutors can bring the case in any county where one theft occurred. At a prosecutor's request, courts must also decide whether specified theft, burglary, robbery, or firearm crimes involved organized retail theft. This applies after a conviction or probation before judgment; the firearm offense covers use during a violent crime or felony. The State must show from trial evidence that organized retail theft was more likely than not. A positive finding enters the court record and must be reported to the Criminal Justice Information System Central Repository.

Retail theft penalties and merchant repayment

Beginning October 1, 2025, Maryland creates felony penalties for organized retail theft totaling at least $1,500 over 90 days. The offense covers repeated merchandise thefts from one or more stores, committed alone or with others. It requires intent to permanently take goods, return them for gain, or resell, trade, or barter them for gain. Related thefts under one scheme or continuing course of conduct can count as one crime, with their values combined. Value uses market value, or reasonable replacement cost shortly afterward when market value cannot be determined. It includes damage caused to carry out the crime and repair, replacement, or restocking costs. Totals from $1,500 to under $25,000 carry up to 5 years in prison, a $10,000 fine, or both. Totals from $25,000 to under $100,000 carry up to 10 years, a $15,000 fine, or both. Totals of $100,000 or more carry up to 20 years, a $25,000 fine, or both. In every tier, the person must also return the property or pay its value to the owner.

Sponsors & Cosponsors

Sponsor

Ron Watson
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 169 • No: 1

House vote • 4/1/2025

Third Reading Passed

Yes: 124 • No: 1 • Other: 10

Senate vote • 2/6/2025